Case law

Fleming v. Garda Security

65 So. 3d 763 · Louisiana Court of Appeal · May 10, 2011

Fleming needed treatment from a clinical psychologist, psychiatrist or a qualified mental health professional. She believed that Ms. … Analysis In a workers’ compensation case, as in other cases, the appellate court’s review is governed by the manifest error or clearly wrong standard. Freeman v.

Loubat v. Audubon Life Insurance Company

170 So. 2d 745 · Louisiana Court of Appeal · Mar 12, 1965

Apropos the question at hand is the rule of reasonable interpretation succinctly and clearly set forth in 44 C.J.S. verbo Insurance § 296, page 1164, as follows: "§ 296. … Robitcheck applies to an unqualified as well as a qualified endorsement in the absence of an express or specific assignment or transfer of the vendor's rights against the husband.

State v. Warner

274 So. 3d 72 · Louisiana Court of Appeal · May 29, 2019

Here, Defendant contends that the State failed to establish that he was the perpetrator who raped V.P. To support this assertion, he asserts two arguments. … Louisiana follows the general rule that "a constitutional provision or amendment has prospective effect only, unless a contrary intention is clearly expressed therein." State v.

Heather Miley Cloud v. Tom Schedler in His Official Capacity as Secretary of State, State of La.

Louisiana Court of Appeal · Dec 3, 2014

factual finding, the exercise of this power has been limited by the jurisprudential rule that a trial court's factual findings will not be upset unless they are manifestly erroneous or clearly … It also provides the circumstances for immunity from prosecution.

Trahan v. Savage Industries, Inc.

692 So. 2d 490 · Louisiana Court of Appeal · Mar 5, 1997

ACTION OF THE TRIAL COURT The trial court concluded that plaintiffs had established liability under three out of the four theories expressed in Halphen v. … Instead, the trial court looked to the evidence concerning Trahan's past employment as well as his current employment and other employment for which he was qualified.

State v. Murphy

785 So. 2d 197 · Louisiana Court of Appeal · Apr 6, 2001

However, an examination of that statement clearly indicates that Murphy was referring to Erica. … When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable

State v. Harris

2000 La.App. 4 Cir. 1739 · Louisiana Court of Appeal · Apr 18, 2001

It was stipulated that if Corey Hall were called as a witness he would be qualified in the analysis of controlled dangerous substances, and would testify that the two objects in this case tested positive for the presence … It cannot be said that the jury’s credibility decision in the instant case was clearly contrary to the evidence. | ¡/There is no merit to this assignment of error.

Latulippe v. Braun

253 So. 3d 820 · Louisiana Court of Appeal · Aug 10, 2018

Although future medical expenses must be established with some degree of certainty, they do not have to be established with absolute certainty, as an award for future medical expenses is by nature somewhat speculative. … The plaintiff, however, is required to establish a causal link between the tortious conduct and the aggravation of the pre-existing condition.

State v. Rose

606 So. 2d 845 · Louisiana Court of Appeal · Sep 23, 1992

She bears the heavy burden of establishing grounds for quashing the venire. Lee, supra. … As the random, non-discriminatory nature of venire selection was amply established by the evidence, Ms.

Lyons v. Pitts

923 So. 2d 962 · Louisiana Court of Appeal · Mar 8, 2006

C.C. art. 1779 establishes that a term for payment is presumed to benefit the obligor. Finally, the court cited Castano v. … Given the balance of benefits clearly delineated in the bond for deed, equity also favors granting the buyer the normal right to prepay. La. C.C. art. 2054.

Greer v. STATE EX REL. DEPT. OF TRANSP.

941 So. 2d 141 · Louisiana Court of Appeal · Oct 4, 2006

that the fact finder is clearly wrong or manifestly erroneous. … These photographs clearly depict a large hole in the trunk of the sister tree, as well as a hole between the sister tree and the fallen tree.

State v. Gamble

631 So. 2d 586 · Louisiana Court of Appeal · Feb 2, 1994

The jury instructions taken as a whole clearly set out the presumption of innocence accorded the defendant by law and the jury's duty thereunder, such that a reasonable person of ordinary intelligence would understand. … Considering the testimony presented, the State sufficiently established the chain of custody.

Wall v. Sisters of Charity of Incarnate Word

488 So. 2d 1032 · Louisiana Court of Appeal · May 7, 1986

An odd lot claimant need not be absolutely helpless to qualify for total disability. … As in Culp, supra, the plaintiff in the instant case did not establish a prima facie case for classifications as an odd lot worker either.

CALCASIEU MARINE NAT. BANK, ETC. v. Miller

422 So. 2d 558 · Louisiana Court of Appeal · Nov 12, 1982

We think this argument by plaintiff is clearly overcome by the testimony of the bank's vice-president, Mr. … This testimony shows they were both qualified and that the appraisement was sufficient as to form and procedure. There is no contention of fraud or error in the appraisement.

Succession of Guercio

359 So. 2d 996 · Louisiana Court of Appeal · May 10, 1978

The only son, Vincent, qualified as administrator of the succession. Several oppositions and motions filed by the decedent's three daughters were consolidated for hearing in the trial court. … The record establishes without contradiction that prior to 1940 Vincent worked in the business on an undercompensated basis in anticipation of becoming a partner.

Soileau v. Louisiana State Racing Commission

156 So. 3d 729 · Louisiana Court of Appeal · Dec 10, 2014

The district court erred in failing to find that the State had established a chain of custody from Dr. … Clearly, they chose the former. As such, the LSRC was heard the arguments and evidence both for and against the validity of Dr.

Alfred Conhagen, Inc. of Louisiana v. Ruhrpumpen, Inc. and Waldemar S. Nelson and Company, Inc.

Louisiana Court of Appeal · Apr 13, 2022

STANDARD OF REVIEW On appellate review, the trial court’s findings of fact are reviewed under a manifest error or clearly wrong standard. Hall v. … or contributing to the injury, death, or loss shall be determined, regardless of whether the person is a party to the action or a nonparty, and regardless of the person’s insolvency, ability to pay, immunity

White v. EA Caldwell Contractors, Inc.

276 So. 2d 762 · Louisiana Court of Appeal · Apr 25, 1973

As a result of this examination, plaintiff was given an "A" rating, meaning that he was physically qualified for heavy industrial labor. Introduced into evidence along with Dr. … It was established that plaintiff was suffering from a neurological disorder referred to as Raynaud's Phenomenon, or sympathetic dystorphy.

Primeaux v. Libersat

307 So. 2d 740 · Louisiana Court of Appeal · Apr 24, 1975

"The jurisprudence, however, has established extracodal requirements for the rebuttal of this presumption by the husband. … Clearly, no transfer took place as envisioned in the Act.

State v. Alfaro

13 La.App. 5 Cir. 39 · Louisiana Court of Appeal · Oct 30, 2013

Clearly the jury in this case discredited the trial testimony of K.F., N.F., and defendant, while giving credence to K.F.’s CAC interview, which was corroborated by the testimony of Officer Gonzales, Ms. … Pursuant to this grant of immunity, K.F. testified and answered the prosecutor’s questions, in which she denied the allegations against defendant.